Refund policy
REFUND / RETURN & ARTEFACT AUTHENTICITY POLICY
This Refund / Return & Artefact Authenticity Policy (the "Policy") forms part of KAPISTREE's Terms of Service and applies except where different terms have been expressly agreed with a client in writing.
Nothing in this Policy excludes, restricts or otherwise affects any statutory right or remedy which cannot lawfully be excluded or restricted.
The terms "we", "us" and "our" refer to KAPISTREE.
SECTION 1 - APPLICATION
For the purposes of this Policy:
(a) a "Distance Sale" means a contract of sale concluded between KAPISTREE and a consumer entirely by means of distance communication;
(b) a "Private Acquisition" means an acquisition which may be reserved or discussed remotely but in respect of which the contract of sale is concluded subsequently in person;
(c) "KAPISTREE Sales Premises" means KAPISTREE's own business premises or any other premises formally utilised for the presentation and sale of KAPISTREE works; and
(d) a "Reservation Deposit" means a refundable payment made solely to reserve a piece pending a Private View and which does not itself constitute payment of the purchase price or conclusion of a contract for sale.
SECTION 2 - PIECES PRICED BELOW £7,000
Pieces with a purchase price below £7,000 may be acquired remotely following direct correspondence with KAPISTREE, including by email.
Where KAPISTREE and the client conclude such a purchase without meeting in person, KAPISTREE will treat the transaction as a Distance Sale and will provide any cancellation rights required by applicable consumer law.
For a Distance Sale to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, a consumer may cancel the contract without giving a reason by notifying KAPISTREE within 14 days beginning on the day after the consumer, or a person nominated by the consumer, receives physical possession of the piece.
Notice of cancellation must be given by a clear statement communicated to KAPISTREE, including by email to enquire@kapistree.com.
Following cancellation, the consumer must return the piece to KAPISTREE within 14 days after notifying KAPISTREE of the cancellation.
The consumer shall bear the direct cost of returning a piece following a change-of-mind cancellation. KAPISTREE will provide appropriate return instructions having regard to the value, rarity and nature of the piece. Where KAPISTREE offers to arrange secure and insured return carriage on the consumer's behalf, the direct cost of that carriage may be borne by the consumer where this has been agreed in advance.
Returns must be packaged with appropriate care and protection. Any Certificate of Authenticity, provenance documentation, presentation materials and other items supplied as part of the acquisition should be returned with the piece. Where the omission of any such item materially diminishes the value of the goods, KAPISTREE reserves any right it may have under applicable law to reflect that diminished value in the reimbursement.
Reimbursement will be made within the period required by applicable law and ordinarily using the same means of payment as was used for the original transaction, unless otherwise expressly agreed.
SECTION 3 - PRIVATE ACQUISITIONS
KAPISTREE ordinarily completes acquisitions of pieces priced at £7,000 or above by means of a Private Acquisition. Enquiries, correspondence and arrangements for a Private View will be preliminary. Thereafter the prospective client will view the piece in person, typically in London, St Andrews, or a KAPISTREE Sales Premises at another agreed location.
KAPISTREE and the prospective client may agree the purchase price and other terms before the Private View. Unless expressly stated otherwise by KAPISTREE in a written contract, such agreement does not constitute a contract for the sale of the piece and does not oblige the prospective client to acquire it.
KAPISTREE may request a Reservation Deposit in order to remove a piece temporarily from availability and reserve it for a prospective client pending the Private View.
A Reservation Deposit:
(a) is a payment for reservation purposes only;
(b) does not constitute acceptance of an offer to purchase;
(c) does not constitute payment of the purchase price for the purposes of concluding the sale;
(d) does not transfer title, ownership or risk in the piece to the prospective client;
(e) does not oblige the prospective client to acquire the piece; and
(f) is refundable in full if the prospective client decides not to proceed before the contract of sale is concluded.
The contract for a Private Acquisition is concluded only when:
(a) the prospective client attends a Private View at the KAPISTREE Sales Premises;
(b) the client has been given a reasonable opportunity to inspect the piece and its accompanying Certificate of Authenticity and other relevant documentation;
(c) the client confirms, following that inspection, that they wish to proceed with the acquisition; and
(d) the acquisition documentation is executed or otherwise expressly concluded in person at those premises.
Upon conclusion of the contract of sale, the Reservation Deposit will be credited in full against the purchase price.
SECTION 4 - KAPISTREE SALES PREMISES
4.1 KAPISTREE Sales Premises may include:
(a) premises owned or occupied by KAPISTREE from which KAPISTREE conducts its business;
(b) established retail or professional premises at which KAPISTREE jewellery is stocked, exhibited or sold; and
(c) the established business premises of a jeweller, gallery, dealer or other professional representative who has been authorised to act in KAPISTREE's name or on KAPISTREE's behalf in connection with a Private Acquisition.
An authorised representative conducting a Private Acquisition on behalf of KAPISTREE may facilitate the inspection of the piece, present relevant documentation and execute or facilitate execution of the contract of sale on KAPISTREE's behalf.
KAPISTREE intends a contract concluded in accordance with Sections 3 and 4 at KAPISTREE Sales Premises to constitute an on-premises contract for the purposes of applicable consumer law.
SECTION 5 - RETURNS FOLLOWING PRIVATE ACQUISITION
Where a Private Acquisition is concluded, KAPISTREE does not offer a voluntary right to cancel or return the piece solely because the client subsequently changes their mind.
This does not affect any statutory right or remedy arising where a piece is faulty, materially misdescribed or otherwise fails to conform to the contract.
This also does not affect the Lifetime Artefact Authenticity Guarantee contained in this Policy.
SECTION 6 - BESPOKE AND PERSONALISED PIECES
Where a piece has been made to a consumer's specifications or has been clearly personalised for that consumer, any statutory exception from a change-of-mind cancellation right applicable to such goods will apply.
Nothing in this Section affects statutory rights in respect of goods which are faulty, materially misdescribed or otherwise fail to conform to the contract, or any applicable right under the Lifetime Artefact Authenticity Guarantee.
SECTION 7 - INSPECTION AND VERIFICATION OF RETURNS
Because KAPISTREE pieces may contain rare, historic and irreplaceable materials, each piece may be individually documented before delivery or completion of an acquisition.
KAPISTREE's records may include, as appropriate:
(a) high-resolution and macro photography;
(b) dimensions and weight;
(c) identifying marks, surface characteristics, patination, inclusions or other distinguishing features;
(d) gemstone, precious-metal or material information;
(e) scientific or technical analysis;
(f) Certificate of Authenticity and inventory references; and
(g) condition and dispatch records.
Every returned piece may be examined against KAPISTREE's records before the return is completed. Receipt of a parcel by KAPISTREE does not of itself constitute an acknowledgement that the object contained within it is the piece originally supplied.
KAPISTREE may undertake such reasonable inspection and verification as is appropriate to confirm:
(a) that the jewellery returned is the jewellery supplied;
(b) that the artefact and other significant components have not been substituted, removed or materially altered; and
(c) the condition of the piece upon return.
Routine identity and condition verification will be conducted promptly and will not be used to delay reimbursement beyond any period required by applicable law.
Where there are reasonable and objectively supportable grounds to believe that the jewellery, artefact or a material component returned is not the item supplied by KAPISTREE, or has been substituted, removed or materially altered, KAPISTREE may investigate the discrepancy and may withhold acceptance of the purported return or reimbursement to the extent permitted by law pending establishment of the identity of the goods.
Deliberate substitution of an artefact or other component, or the knowing return of an object other than the object supplied, may constitute fraud. KAPISTREE reserves all remedies available to it in such circumstances, including the right to seek recovery of losses and reasonable investigative or expert costs where permitted by law.
SECTION 8 - CONDITION OF CHANGE-OF-MIND RETURNS
A consumer exercising a statutory cancellation right after a Distance Sale may inspect and handle the piece to the extent reasonably necessary to establish its nature, characteristics and suitability.
Where the consumer has handled a piece beyond what is reasonably necessary for that purpose and that handling has diminished its value, KAPISTREE may make such deduction from the reimbursement as applicable law permits.
Damage, alteration, repair, stone removal, resizing, polishing, modification or other intervention which goes beyond reasonable examination may constitute diminished value and may also affect KAPISTREE's ability to accept a voluntary return.
SECTION 9 - FAULTY OR MISDESCRIBED GOODS
KAPISTREE intends every piece supplied to correspond materially with the description and documentation agreed at the time of sale.
Statutory rights relating to satisfactory quality, fitness for purpose, description, title and other requirements imposed by applicable consumer law are not excluded or restricted by this Policy.
Where a consumer believes a piece is faulty or materially misdescribed, they should contact KAPISTREE promptly at enquire@kapistree.com with details of the issue.
A question specifically concerning the authenticity of an historic artefact will additionally be dealt with in accordance with Sections 10 to 13 below.
KAPISTREE LIFETIME ARTEFACT AUTHENTICITY GUARANTEE
SECTION 10 - THE GUARANTEE
KAPISTREE stands behind the authenticity of the historic artefacts incorporated into its jewellery.
Where KAPISTREE supplies a piece with a Certificate of Authenticity describing an incorporated artefact as authentic, KAPISTREE guarantees that the artefact is materially authentic and materially corresponds with the statements of authenticity expressly made by KAPISTREE in that Certificate at the time of sale.
This guarantee (the "Lifetime Artefact Authenticity Guarantee") is provided without additional charge.
The Lifetime Artefact Authenticity Guarantee applies without time limit for so long as the original purchaser continues to own the piece.
Unless KAPISTREE expressly agrees otherwise in writing, the Lifetime Artefact Authenticity Guarantee is personal to the original purchaser and does not automatically transfer upon resale, gift or other transfer of ownership.
The territorial scope of the Lifetime Artefact Authenticity Guarantee is worldwide in relation to an eligible piece acquired directly from KAPISTREE, subject to applicable mandatory law and to reasonable arrangements being made for secure inspection and return of the piece.
This Guarantee is additional to the purchaser's statutory rights. It does not replace, restrict or otherwise affect any statutory right or remedy available in relation to the goods.
SECTION 11 - SCOPE OF THE AUTHENTICITY GUARANTEE
The Guarantee applies to material statements of authenticity expressly made by KAPISTREE in the Certificate of Authenticity, including, where expressly stated, the artefact's material and historical period.
Ancient and historic objects may be subject to legitimate differences of scholarly opinion. Estimates of date, geographical origin, workshop, cultural attribution or historical interpretation may change as knowledge and analytical methods develop.
A difference of expert or academic opinion will not by itself constitute a failure of authenticity where the original description remains within a reasonable range of professional or scholarly opinion.
An authenticity claim will be capable of being upheld where the difference is material. Examples may include evidence that:
(a) an object represented as ancient or historic is a materially modern creation or reproduction;
(b) the artefact is of a substantially different historical period from that expressly guaranteed;
(c) the material of which the artefact is composed materially differs from that expressly guaranteed;
The Guarantee does not constitute a guarantee of matters not expressly stated in the Certificate of Authenticity and does not guarantee speculative or qualified opinions.
SECTION 12 - AUTHENTICITY CLAIMS AND EXPERT DETERMINATION
A purchaser wishing to make a claim under the Lifetime Artefact Authenticity Guarantee must notify KAPISTREE in writing and provide reasonable details of the basis upon which the authenticity of the artefact is questioned.
Where available, the purchaser should provide any expert opinion, technical report, scientific result or other evidence upon which the concern is based.
Before determining the claim, KAPISTREE will:
(a) verify that the jewellery and artefact presented are the original jewellery and artefact supplied by KAPISTREE;
(b) review KAPISTREE's original photographs, provenance records, authentication records, technical information and Certificate of Authenticity;
(c) consider any credible evidence submitted by the purchaser; and
(d) where reasonably necessary, obtain an independent specialist opinion.
Any independent specialist appointed for these purposes shall have recognised expertise reasonably appropriate to the relevant type, material, culture or period of artefact and shall have no material financial interest in the outcome of the dispute.
Where practicable, KAPISTREE and the purchaser will seek to agree upon the independent specialist. If agreement cannot reasonably be reached, KAPISTREE may nominate up to three suitably qualified independent specialists from whom the purchaser may select one.
The examination should, where reasonably possible, use non-destructive methods. No destructive or materially invasive testing of the artefact will be undertaken without appropriate prior agreement.
KAPISTREE will bear the cost of an independent specialist commissioned by KAPISTREE under this Section. Where an authenticity claim is upheld, KAPISTREE will also reimburse reasonable and proportionate specialist costs incurred independently by the purchaser where those costs were agreed with KAPISTREE in advance.
If an initial independent opinion is inconclusive or there is a material and credible conflict between expert opinions, KAPISTREE and the purchaser may agree that a further appropriately qualified independent specialist should be instructed.
KAPISTREE will seek to determine an authenticity claim within a reasonable period following receipt of the piece and all reasonably necessary evidence. The complexity of certain artefacts, scientific testing or specialist availability may require additional time. Any statutory remedy subject to a shorter mandatory period will not be delayed or displaced by this Guarantee procedure.
SECTION 13 - STANDARD OF DETERMINATION
Absolute scientific or historical certainty is not required in order for a claim under the Lifetime Artefact Authenticity Guarantee to succeed.
Having considered the evidence as a whole, an authenticity claim will be upheld where it is established on the balance of probabilities that it is more likely than not that the artefact is materially not authentic as it was expressly described and guaranteed by KAPISTREE at the date of sale.
Relevant evidence may include provenance, physical examination, stylistic analysis, scientific or technical testing, contemporaneous records and appropriately qualified expert opinion.
No individual test, report or opinion will necessarily be conclusive. The available evidence will be considered as a whole.
A minor or immaterial variation in dating, terminology, attribution or academic interpretation will not constitute a failure of authenticity.
SECTION 14 - REMEDY WHERE AN AUTHENTICITY CLAIM IS UPHELD
Where an authenticity claim is upheld, KAPISTREE will accept return of the complete jewellery piece.
The jewellery, artefact and all material components must be returned before a refund under the Lifetime Artefact Authenticity Guarantee becomes payable. The piece must not have been substituted or materially altered in a manner relevant to the authenticity claim.
Where the purchaser has a statutory right to a refund, repair, replacement, price reduction or other remedy, that statutory remedy will apply according to its terms and will not be reduced or displaced by this Section.
Where the claim fails to be resolved under the additional contractual Lifetime Artefact Authenticity Guarantee rather than by a statutory remedy requiring a particular refund amount, KAPISTREE will refund the original purchase price subject to a fair and proportionate allowance, where appropriate, for the purchaser's use of and post-sale depreciation of the jewellery.
In determining any such allowance, KAPISTREE may take into account objectively relevant factors including:
(a) the length of time the jewellery has been owned and available for use by the purchaser;
(b) the extent and nature of its use;
(c) its physical condition and degree of wear;
(d) damage occurring after delivery;
(e) resizing, alteration, repair, polishing or other intervention undertaken after acquisition;
(f) loss or replacement of gemstones, fittings, components, certificates or accompanying materials;
(g) depreciation attributable to the condition and use of the jewellery as a wearable object; and
(h) an independent valuation or condition assessment where appropriate.
No deduction will be made to reflect the reduction in value arising from the authenticity issue itself;
The refund payable under the Lifetime Artefact Authenticity Guarantee will not exceed the original purchase price paid to KAPISTREE. The Guarantee does not provide compensation for subsequent appreciation, anticipated resale value, investment return or other consequential economic loss.
Where an authenticity claim is upheld, KAPISTREE will arrange, or reimburse the reasonable agreed cost of, secure and suitably insured return carriage of the piece.
SECTION 15 - CLAIMS WHICH ARE NOT UPHELD
If, following the procedure set out above, the evidence does not establish on the balance of probabilities that the artefact is materially inauthentic as guaranteed, the Lifetime Artefact Authenticity Guarantee will not provide a right to return or reimbursement.
KAPISTREE will provide the purchaser with a reasonable explanation of the basis upon which the claim has been determined.
A determination under this Policy does not prevent either party from exercising any other legal right or remedy available to it, subject to section 22 of the Terms of Service regarding legal jurisdiction.
SECTION 16 - CONTACT AND GUARANTOR DETAILS
The guarantor for the Lifetime Artefact Authenticity Guarantee is:
KAPISTREE
Postal correspondence via 201 South Street
St Andrews
United Kingdom
Email: enquire@kapistree.com
Company number: SC855199
Questions concerning cancellations, returns or authenticity claims should be sent to enquire@kapistree.com.